1.As used in this section unless the context otherwise requires:
a.“Canned foods” means canned foods that have been hermetically sealed or
commercially processed and prepared for human consumption.
b.“Charitable or nonprofit organization” means an organization which is exempt from
federal or state income taxation, except that the term does not include organizations which
sell or offer to sell donated items of food. The assessment of a nominal fee or request
for a donation in connection with the distribution of food by the charitable or nonprofit
organization is not a sale.
c.“Gleaner” means a person who harvests, for free distribution, an agriculture crop that
has been donated by the owner.
d.“Perishable food” means food which may spoil or otherwise become unfit for human
consumption
Free access — add to your briefcase to read the full text and ask questions with AI
1. As used in this section unless the context otherwise requires:
a. “Canned foods” means canned foods that have been hermetically sealed or
commercially processed and prepared for human consumption.
b. “Charitable or nonprofit organization” means an organization which is exempt from
federal or state income taxation, except that the term does not include organizations which
sell or offer to sell donated items of food. The assessment of a nominal fee or request
for a donation in connection with the distribution of food by the charitable or nonprofit
organization is not a sale.
c. “Gleaner” means a person who harvests, for free distribution, an agriculture crop that
has been donated by the owner.
d. “Perishable food” means food which may spoil or otherwise become unfit for human
consumption because of its nature or type of physical condition. This term includes, but is
not limited to, fresh and processed meats, poultry, seafood, dairy products, eggs in the shell,
fresh fruits and vegetables, and foods which have been packaged, refrigerated, or frozen.
2. A gleaner, or a restaurant, food establishment, food service establishment, school,
manufactureroffoodstuffs, meatorpoultryestablishmentlicensedpursuanttochapter189A,
or other person who, in good faith, donates food to a charitable or nonprofit organization for
ultimate free distribution to needy individuals, or to the department of natural resources or a
county conservation board for use in a free interpretive educational program, is not subject
to criminal or civil liability arising from the condition of the food if the donor reasonably
inspects the food at the time of the donation and finds the food fit for human consumption.
The immunity provided by this subsection does not extend to a donor or gleaner if damages
result from the negligence, recklessness, or intentional misconduct of the donor, or if the
donor or gleaner has, or should have had, actual or constructive knowledge that the food is
tainted, contaminated, or harmful to the health or well-being of the ultimate recipient.
3. A bona fide charitable or nonprofit organization which receives, in good faith, donated
food for ultimate distribution to needy individuals either for free or for a nominal fee is not
subject to criminal or civil liability arising from the condition of the food, if the charitable or
nonprofit organization reasonably inspects the food at the time of donation and at the time
of distribution and finds the food fit for human consumption. The immunity provided by
this subsection does not extend to a charitable or nonprofit organization if damages result
from the negligence, recklessness, or intentional misconduct of the charitable or nonprofit
organization or if the charitable or nonprofit organization has or should have had actual or
constructive knowledge that the food is tainted, contaminated, or harmful to the health or
well-being of the ultimate recipient.
4. Theimmunityprovidedbythissectionisapplicabletothegoodfaithdonationofcanned
or perishable food or farm products not readily marketable due to appearance, freshness,
grade, surplus or other considerations, but does not apply to canned goods that are defective
orcannotbeotherwiseofferedforsaletomembersofthegeneralpublic. Thisdoesnotrestrict
the authority of a lawful agency to otherwise regulate or ban the use of such food for human
consumption. Charitable or nonprofit organizations which regularly accept donated food for
distribution pursuant to this section shall request the appropriate local health authorities to
inspect the food at regular intervals.
5. Aperson,includinganemployeeorvolunteerforacharitableornonprofitorganization,
whosells,orofferstosell,forprofit,foodthatthepersonknowstobedonatedpursuanttothis
section is guilty of a simple misdemeanor. For purposes of this subsection, the assessment of
a nominal fee or request for a donation by the charitable or nonprofit organization is not a
sale.
[82 Acts, ch 1168, §1]
C83, §122B.1